Wednesday, 29 August 2012

LEGAL REMEDY & JURISDICTION OF COURTS


Ubi Jus Ibi Remedium

Ubi Jus Ibi Remedium is a Latin legal maxim which means "where there is a right there is a remedy". The basic principle contemplated in the maxim is that, when a person's right is violated the victim will have an equitable remedy under law. The maxim also states that the person whose right is being infringed has a right to enforce the infringed right through any action before a court.

All law courts are also guided with the same principle of Ubi Jus Ibi Remedium.

Jurisdiction of courts

Jurisdiction means the power, right and authority to interpret and apply law.
There are various types of jurisdiction, but the broadest categories are appellate jurisdiction (the right to hear a case on appeal from another court) and original jurisdiction, (the right to hear the case as the original trial court).

Both are related to subject-matter jurisdiction which determines the type of case (subject) a court may hear and personal jurisdiction, that determines the entities whose cases the court may judge, as opposed to territorial jurisdiction, which covers the physical area over which the court has authority. And then there is the pecuniary jurisdiction (amount of claim).

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